Tag: Constitution

November is coming fast, and with it, a much anticipated election season. But, while many voters around the nation are looking forward to the opportunity to effect change at the presidential, congressional, and local levels, D.C. residents are looking forward to possibly changing their (lack of) statehood status in order to gain an equally representative voice within the federal government.

The idea of swearing or singing an oath pledging loyalty and allegiance to a person, a place, or even an ideal may seem like a vestige of a bygone era where cold war tensions were high and the threat to the American way of life was constantly under attack, even in our own homes. However, loyalty oaths are still commonplace in the bustling, fast paced world in which we live. Many loyalty oaths are only required of certain elected officials and government employees so it easy to overlook how prevalent loyalty oaths are and the important role they play both in a historical context and today.

During the most recent session of the West Virginia legislature, state lawmakers introduced two new bills, House Bill 2129 and House Joint Resolution 21, that would change the way the state draws its district lines. Currently, the West Virginia Constitution requires only that Congressional districts be contiguous, compact, and of equal population; that state Senate districts be “compact, formed of contiguous territory, bounded by county lines, and, as nearly as practicable, equal in population;” and that the arrangement of the districts “shall… be declared by law.”

As an editor of this blog, I keep a constant eye out for election law events to report. Fortunately (for both the blog and myself), I am exposed to brilliant thinkers and passionate advocates. On October 27th, I attended David Baugh’s excellent lecture, “Lynching, Literacy Tests & ID Cards: The Suppression of Minority Voters,” hosted by the Wolf Law Library. Mr. Baugh is a Richmond-based criminal trial lawyer dedicated to protecting and defending the Constitutional rights of all. Some of his career highlights include representing members of al-Qaeda and the Ku Klux Klan in high profile civil rights cases. The American Bar Association, Virginia State Bar, and Old Dominion Bar Association have all recognized Mr. Baugh for his fearless advocacy. He lives by the maxim he related during the lecture; “Protect the rights of people whom you don’t agree with, because when you do, you defend the rights of America.”

The right to a voice in the political process is the most fundamental aspect of American government. “No taxation without representation” was the rallying cry for American Revolution and the ideal that every person should have an equal vote and equal access to vote is one our country still aspires to reach. It is no mystery then, especially in light of our country’s terrible track record in disenfranchising minorities, that Voter ID laws have been the source of such controversy. There are reasonable arguments on both sides of the issue. Advocates argue that such laws ensure that only those who are eligible to vote can do so and protect the integrity of the electoral process with, for most Americans, minimal intrusion. Opponents point out, that such requirements tend to have disparate impact on minority groups who have less access to the IDs themselves or the means to obtain them, including transportation, documentation and sometimes the funds necessary to purchase them.

On March 31, 1776, Abagail Adams wrote her now infamous “Remember the Ladies” letter to her husband, John Adams. Abigail urged John to, “…Remember the Ladies, and be more generous and favourable [sic] to them than your ancestors…. If perticuliar [sic] care and attention is not paid to the Laidies [sic] we are determined to foment a Rebelion [sic], and will not hold ourselves bound by any Laws in which we have no voice, or Representation.” Abigail’s letter predicted the onset of the women’s suffrage movement in the United States by more than seventy years. However, the full realization of this dream was not achieved until August 26, 1920, one-hundred and forty-four years after Abigail’s entreating words. In celebration of the ninety-fifth anniversary of the ratification of the Nineteenth Amendment, today’s post will focus on the history surrounding women’s battle for the right to vote. Continue reading